S & J Realty Corp. v. Korybut

OPINION OF THE COURT

Peter Tom, J.

Respondent moves for an order dismissing the petition for *260failure to state a cause of action on the ground that a corporate owner cannot recover possession of a rent-stabilized apartment for its personal use and occupancy under Rent Stabilization Code (9 NYCRR) § 2524.4 (a) (1).

Respondent, a rent-stabilized tenant, entered into a two-year lease with petitioner for the premises in issue. Upon expiration of the lease, petitioner commenced the instant summary holdover proceeding against respondent to recover possession of the apartment for the personal and…